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View Full Version : Intrafamily Out-of-state long gun transfers


devilinblack
10-18-2009, 5:23 PM
I think I know the answer to this, but after some searches I can't find a definitive yes or no answer since most topics seem to deal with handguns.

My grandparents live in UT, on my next visit they would like to give me some of their rifles and shotguns.

Is this as simple as me making sure they are unloaded and driving back home with them, or is there some screwy CA paperwork and god forbid yet another waiting period to deal with?

Thanks in advance.

Librarian
10-18-2009, 5:35 PM
I think I know the answer to this, but after some searches I can't find a definitive yes or no answer since most topics seem to deal with handguns.

My grandparents live in UT, on my next visit they would like to give me some of their rifles and shotguns.

Is this as simple as me making sure they are unloaded and driving back home with them, or is there some screwy CA paperwork and god forbid yet another waiting period to deal with?

Thanks in advance.

Because it's interstate, has to go through a CA FFL; you can't take possession and bring them back. If this were an inheritance, rather than a gift, you could skip the FFL because the Feds wrote an exception and CA parent-child gifts of long guns don't require paperwork.

CA FFL has to do what FFLs are required to do with interstate transfers.

ke6guj
10-18-2009, 5:46 PM
Its the federal requirements for interstate transfers between non-licensees that require you to use a CA FFL. If you called CADOJ, they'd tell you to just bring them home and file the intrafamily transfer paperwork, ignoring the fact that you'd had violated federal law bringing them home (unless you got them in an inheritance, like Librarian mentioned).

boxbro
10-19-2009, 8:45 AM
Can the grandparents just drive them and give them to him here in CA ?

ke6guj
10-19-2009, 9:46 AM
Can the grandparents just drive them and give them to him here in CA ?

If the grandparents don't live in CA, then the answer is NO. Violation of federal law.


Sec. 478.30 Out-of-State disposition of firearms by nonlicensees.

No nonlicensee shall transfer, sell, trade, give, transport, or
deliver any firearm to any other nonlicensee, who the transferor knows
or has reasonable cause to believe does not reside in (or if the person
is a corporation or other business entity, does not maintain a place of
business in) the State in which the transferor resides: Provided, That
the provisions of this section:
(a) shall not apply to the transfer, transportation, or delivery of
a firearm made to carry out a bequest of a firearm to, or any
acquisition by intestate succession of a firearm by, a person who is
permitted to acquire or possess a firearm under the laws of the State of
his residence; and
(b) shall not apply to the loan or rental of a firearm to any person
for temporary use for lawful sporting purposes.

boxbro
10-19-2009, 10:14 AM
If the grandparents don't live in CA, then the answer is NO. Violation of federal law.

So it would have to be done as a PPT ?
Also if it's a handgun and is not on the roster, how does that work ?

CHS
10-19-2009, 10:19 AM
Can the grandparents just drive them and give them to him here in CA ?

No.

FEDERAL LAW says that an interstate transfer of a firearm HAS to go through a dealer.

Period.

Depending on your state of residence, you could just do a PPT in the other family members state at a dealer, but CA law forbids that. It has to go through a dealer, and because of CA law it has to be a CA dealer.

ke6guj
10-19-2009, 10:41 AM
So it would have to be done as a PPT ?

It wouldn't be done as a PPT since PPTs can only be done between two CA-residents. It would be processed as a standard dealer transfer, which means the dealer can charge whatever fee he wishes.

Also if it's a handgun and is not on the roster, how does that work ?the dealer can process the transfer as a roster-exempt transfer due to the intrafamily nature of the transfer.

devilinblack
10-19-2009, 3:00 PM
Thanks guys.

On another note, I have one .22 single shot that was given to me by my dad when I was abut 12. Said gun has been stored in UT since I lived there in 96, what kind of hoops do I need to jump through to bring that one into CA at this point? Would it be best to just leave it there since I have no real use for such a rifle?

CHS
10-19-2009, 3:26 PM
On another note, I have one .22 single shot that was given to me by my dad when I was abut 12. Said gun has been stored in UT since I lived there in 96, what kind of hoops do I need to jump through to bring that one into CA at this point? Would it be best to just leave it there since I have no real use for such a rifle?

Is it *YOUR* gun?

If it is, it can be UPS'ed directly to you. Doesn't have to go through a dealer.

ke6guj
10-19-2009, 3:30 PM
Is it *YOUR* gun?

If it is, it can be UPS'ed directly to you. Doesn't have to go through a dealer.If it is "his" gun, he could ship/mail it to himself. But does that mean that a 3rd party can ship it to him?

dantodd
10-19-2009, 3:33 PM
So it would have to be done as a PPT ?
Also if it's a handgun and is not on the roster, how does that work ?

Actually there is no statutory requirement that PPTs must be between CA residents. It is just that the DOJ doesn't allow non-CA identification in it's computer system for PPTs.

devilinblack
10-19-2009, 5:14 PM
Yes, it's been my gun for 25 years (jeeze that makes me feel old). I'm driving up there for Thanksgiving so I could just bring it back then instead of worrying about UPS. If it's any sort of issue I'll just leave it because it's a kid's gun and my son is already too big for it but it would be kind of neat to have at home.

CHS
10-19-2009, 6:47 PM
Yes, it's been my gun for 25 years (jeeze that makes me feel old). I'm driving up there for Thanksgiving so I could just bring it back then instead of worrying about UPS. If it's any sort of issue I'll just leave it because it's a kid's gun and my son is already too big for it but it would be kind of neat to have at home.

You are legally entitled to simply bring the rifle back home with you.